Sec. 111. National Strategy for Border Security
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The Secretary, in consultation with the heads of other appropriate Federal agencies, shall develop a National Strategy for Border Security that describes actions to be carried out to maintain operational control over all ports of entry into the United States and the international land and maritime borders of the United States. The National Strategy for Border Security shall include the following: An assessment of the threat posed by terrorists and terrorist groups that may try to infiltrate the United States at locations along the international land and maritime borders of the United States.
A risk assessment for all United States ports of entry and all portions of the international land and maritime borders of the United States that includes a description of activities being undertaken— to prevent the entry of terrorists, unlawful aliens, instruments of terrorism, narcotics, and other contraband into the United States; and to protect critical infrastructure at or near such ports of entry or borders. An assessment of the most appropriate, practical, and cost-effective means of defending the international land and maritime borders of the United States against threats to security and illegal transit, including intelligence capacities, technology, equipment, personnel, and training needed to address security vulnerabilities to include— a comprehensive assessment of risks in terms of cost, probability, and threats to society and risk prevention and response measures currently taken and potentially taken relative to that assessment of risks; prevention efforts and response measures to address such risks, whether already underway or planned; and recommendations on realignment of programs, locations, and resources to best address the comprehensive assessment of risks.
An assessment of staffing needs for all border security functions, taking into account threat and vulnerability information pertaining to the borders and the impact of new security programs, policies, and technologies. A description of the border security roles and missions of Federal, State, regional, local, and tribal authorities, and recommendations regarding actions the Secretary can carry out to improve coordination with such authorities to enable border security and enforcement activities to be carried out in a more efficient and effective manner.
An assessment of existing programs, activities and technologies used for border security and the effect of the use of such efforts and technologies on civil rights, family unity, private property rights, privacy rights, and civil liberties, including an assessment of efforts to take into account asylum seekers, trafficking victims, unaccompanied minor aliens, and other vulnerable populations. A prioritized list of research and development objectives to enhance the security of the international land and maritime borders of the United States.
A description of ways to ensure that the free flow of legitimate travel and commerce is not diminished by efforts, activities, and programs aimed at securing the international land and maritime borders of the United States. A description of the performance metrics to be used to ensure accountability by the bureaus of the Department in implementing such Strategy. A schedule for the implementation of the security measures described in such Strategy, including a prioritization of security measures, realistic deadlines for addressing the security and enforcement needs, an estimate of the resources needed to carry out such measures, and a description of how such resources should be allocated.
In developing the National Strategy for Border Security, the Secretary shall consult with representatives of— State, local, and tribal authorities with responsibility for locations along the international land and maritime borders of the United States; and appropriate private sector entities, nongovernmental organizations, and affected communities that have expertise in areas related to border management. The National Strategy for Border Security shall be consistent with the National Strategy for Maritime Security developed pursuant to Homeland Security Presidential Directive 13, dated December 21, 2004.
Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress the National Strategy for Border Security. The Secretary shall submit to Congress any change of such Strategy that the Secretary determines is necessary, not later than 30 days after such determination. Nothing in this section may be construed to relieve the Secretary of the responsibility to take all actions necessary and appropriate to maintain and enhance operational control of the international land and maritime borders of the United States.